What Can Employers Do About Document Theft?

By Ashley Morin |   Jul. 16, 2018

The New Jersey Supreme Court has held that in some cases, employees are permitted to take confidential documents from an employer without the employer’s knowledge or permission.  In Quinlan v. Curtiss-Wright Corp., the Court enumerated several factors to be considered when an employee takes documents for a discrimination claim against an employer:

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Topics : employees complaints of discrimination, Law Against Discrimination, new jersey discrimination training, employer defense against discrimination, discrimination and retaliation, nj law against discrimination | 0 Comments Read More

Restaurant Owners Beware: Congress Amends FLSA’s Tip Pooling Provision

By Ashley Morin |   Jun. 18, 2018

Congress has amended the tip pooling requirements in the Fair Labor Standards Act (“FLSA”) to clarify that is illegal for employers to keep tips received by their employees, regardless of whether the employer uses the tip credit or pays their employees the full minimum wage. Additionally, for those employers who opt to pay the full minimum wage (and not use the tip credit, the amendment eliminates the restriction that prohibited employers from distributing money from a tip pool to employees who are not usually tipped (at least until further guidance is developed on this issue).

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Employment Applications:  Be Careful What You Ask For

By Stephanie D. Gironda |   Jun. 5, 2018

Employers should be careful in formulating employment applications that they do not inadvertently provide an applicant with a legal claim.  Specifically, the New Jersey Law Against Discrimination makes it unlawful to refuse to hire an individual because of his or her membership in such protected categories as: race, national origin, disability, age, marital status, familial status, sexual orientation and gender identity.  In addition, the New Jersey Workers’ Compensation Act makes it illegal to retaliate against an employee for taking leave pursuant to that law.  It is worth noting that along with the don’t-ask questions on employment applications, there is one important do-ask question—whether an employee has a post-employment restriction.

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Topics : protected employment classes, New Jersey’s Law Against Discrimination, employment contract, application | 0 Comments Read More

US Supreme Court Holds That Employers Can "Waive" Goodbye to Class Actions.

By Tracy Armstrong |   May. 29, 2018

On May 21, 2018, the Supreme Court of the United States held that employers and employees can agree that any and all disputes between them will be resolved through single claimant arbitration. The Court's ruling stated that under the Federal Arbitration Act, arbitration agreements are to be enforced according to their terms, including terms that provide for individualized proceedings only.  The decision validated a waiver of the right to bring a class action and the right to arbitrate as a group/class. In doing so, the Court rejected the National Labor Relations Board’s argument that class action waivers were not permissible.

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Topics : arbitration, Arbitration, Mediation and Alternate Dispute Resol, employee sign arbitration agreement, arbitration agreements, class action | 0 Comments Read More

Update: Changes to Sexual Harassment Laws in Both New York City and State

By Ashley Morin |   May. 17, 2018

In response to the #MeToo movement New York State and New York City have both passed sweeping legislation regarding sexual harassment in the work place.

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Topics : sexual harassment, sexual harassment in the workplace, workplace sexual harassment | 0 Comments Read More

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